Businessman Henry Manly-Spain has rejected a GH¢79.65 million judgment debt awarded to his company, Servistar Minwax (WA) Limited, after determining that the amount is significantly higher than the company’s original claim against the Ghana Revenue Authority (GRA).
The unusual decision followed a ruling by the Accra High Court, Commercial Division 3, which on July 22, 2026, ordered the payment of GH¢79,651,132 to Servistar Minwax as a refund arising from overpaid duties and related claims against the GRA.
Mr. Manly-Spain said the company’s legitimate claim was only about GH¢8.95 million and that accumulated interest could have increased the amount to slightly above GH¢10 million.
Businessman Says GH¢79 Million Refund Is Far Above Original Claim
Speaking about the matter, Mr. Manly-Spain said his conscience would not permit him to accept a payment that substantially exceeded the value of the company’s original claim.
He described accepting the additional funds as a betrayal of his conscience, his business and the nation.
The businessman also said he was mindful of the financial challenges facing the government and the need to fund essential public services, including healthcare.
He has consequently petitioned the Commissioner-General of the Ghana Revenue Authority to stop payment of the GH¢79.65 million judgment debt.
In his petition dated August 1, 2026, Mr. Manly-Spain, acting as Director and shareholder of Servistar Minwax (WA) Limited, formally rejected the amount awarded by the court.
Call for Investigation Into GRA Refund
Although Mr. Manly-Spain acknowledged that the GRA legitimately owed his company money, he argued that the company should not benefit from an amount that he believes is unjustified.
He has therefore called for an independent investigation by the GRA, Economic and Organised Crime Office (EOCO) and other relevant investigative agencies.
The purpose of the investigation, he said, should be to establish the exact amount legitimately owed to Servistar Minwax and ensure that any payment made from public funds is properly justified.
How the GH¢79.65 Million Figure Emerged
Mr. Manly-Spain said he was initially unaware that the company’s claim had increased to more than GH¢79 million.
According to him, he handed the relevant documents to his lawyer and largely left the matter in the lawyer’s hands, receiving assurances that the case was being handled.
He said he first became aware of the GH¢79.7 million figure during court proceedings after witnessing a disagreement involving his lawyer and a Customs officer.
The businessman explained that the original claims included more than GH¢7 million relating to containers sold by the GRA, alongside approximately GH¢940,000 in overpaid duties.
He maintained that, even after adding interest, he expected the total amount to remain below GH¢10 million.
Court Orders GH¢79.65 Million Payment From GRA Refund Account
The case arose from garnishee proceedings involving the GRA and the Bank of Ghana.
The court considered whether funds held in the GRA’s operational and refund accounts could be attached to satisfy the judgment debt owed to Servistar Minwax.
The Bank of Ghana argued that the GRA’s operational account could not be attached because an earlier court ruling had classified it as a salary account.
It also argued that the GRA refund account was protected because it was specifically established to hold funds intended for taxpayers who had overpaid their taxes.
Counsel for the GRA relied on Section 69(2) of the Revenue Administration Act, 2016 (Act 915) in arguing that the refund account was restricted to its statutory purpose.
However, counsel for Servistar Minwax, Maxwell Logan, argued that the judgment debt itself arose from an unpaid tax refund and therefore fell within the purpose of the GRA refund account.
Court Says Taxpayer Was Entitled to Refund
The court noted that judgment had previously been entered in favour of the plaintiff after the parties reconciled the amount due.
The alleged tax overpayment dated back to 2009, while an audit conducted in 2016 reportedly confirmed the overpayment.
Servistar Minwax subsequently applied for a refund but did not receive payment, leading to the legal action.
The court held that the company, like other taxpayers who had made excess tax payments, was entitled to receive its refund from the GRA refund account under the applicable provisions of Act 915.
GH¢79.65 Million Ordered From GRA Account
The court consequently directed the Bank of Ghana not to release the GH¢527.10 million held in the GRA refund account.
However, it ordered that GH¢79,651,132 be deducted from the account and paid to the plaintiff in satisfaction of the judgment debt.
The court directed that the funds be paid into the Logan & Associates client account or transferred directly to the account bearing that name.
The ruling also relied on a previous Supreme Court decision concerning the circumstances under which funds held in certain government accounts could be attached.
The case has attracted attention because of Mr. Manly-Spain’s decision to reject the GH¢79.65 million judgment debt, arguing that the amount does not reflect the company’s original claim and should therefore be independently reviewed.
Source: newsthemegh.com